Expert hopes Supreme Court guidelines on ICC warrant will settle gray areas

MANILA — An international law expert is hoping that the Supreme Court (SC) will issue guidelines on arrest warrants issued by the International Criminal Court (ICC) to settle gray areas. 

Government authorities are currently trying to arrest Senator Ronald dela Rosa amid an ICC warrant over his supposed involvement in the brutal drug war of former President Rodrigo Duterte.

Citing Republic Act 9851, Dela Rosa’s camp said Philippine authorities may surrender a person to an international court, stressing that the word “may” is not a command. 

But international law expert Ralph Sarmiento said on Sunday that the ICC has jurisdiction over crimes that happened when the Philippines was still a member, specifically from 2011 to 2019.

Amid differing views and arguments, Sarmiento said the SC has the final say. 

“Hopefully, the Supreme Court will ultimately give us a clear guideline on how to deal with this particular matter… Kahit na may international warrant of arrest na, would there still be a need for a domestic warrant to be issued for that person?” he told ABS-CBN News.

“So, I hope ultimately the Supreme Court will be able to settle all these matters kasi mga gray areas ito. Technically, sa Rome Statute kasi, hindi rin very clear ‘yung mga ganyang matters. So, it allows the possibility of different interpretations,” he added. 

Dela Rosa previously filed a petition before the SC, where he questioned the legality of the ICC arrest warrant.

The Department of the Interior and Local Government (DILG) has set a P50-million bounty for the senator’s arrest.

Dela Rosa’s camp argued that the DILG’s reward system requires a warrant from a Philippine court, adding that using intelligence funds—which come from the public—“makes the problem more serious.”

DILG Secretary Jonvic Remulla defended the use of intelligence funds.

“That’s what intelligence funds are for. It’s used for gathering intelligence and giving out rewards,” Remulla said in a message.

Malacañang has earlier urged the senator not be difficult in facing arrest. 

Dela Rosa, the former Philippine National Police chief, has been in hiding since May after he supposedly escaped the Senate while the premises were manned by authorities.